Brown v. Palatine Insurance Co.
Texas Supreme Court
Error to Court of Civil Appeals for Fourth District, upon a writ of error to Ellis County. Plaintiff in error, F. Brown, brought this suit against the Palatine Ins. Co. in the District Court of Ellis. County, to recover upon a policy of insurance upon his stock of goods which had been destroyed by fire. The policy contained the clause, copied in the opinion of the court, commonly known as the “iron safe” clause, and a failure to comply therewith was urged as a defense.
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Error to Court of Civil Appeals for Fourth District, upon a writ of error to Ellis County. Plaintiff in error, F. Brown, brought this suit against the Palatine Ins. Co. in the District Court of Ellis. County, to recover upon a policy of insurance upon his stock of goods which had been destroyed by fire. The policy contained the clause, copied in the opinion of the court, commonly known as the “iron safe” clause, and a failure to comply therewith was urged as a defense. The case was tried by the court without a jury and the following findings of fact made by the court, bearing on this issue,…
1Opinion of the Court
BROWN, Associate Justice.
The Palatine Insurance Company, of Manchester, England, issued to N. Brown on his stock of goods an insurance policy for the sum of $1,500, which contained the following condition: “The insured under this policy covenants and warrants to keep a set of books showing a record of business transacted, including all purchases and sales both for cash and credit, together with the last inventory of the stock insured, and further covenants and warrants to keep such books and inventory securely locked in a fire-proof safe at night and at all times when the store mentioned in…
2Cases cited4 opinions
- Equitable Life Insurance v. HazlewoodCourt of Appeals of Texas · 1889
- Goddard v. East Texas Fire InsuranceTexas Supreme Court · 1886
- Bills v. Hibernia Insurance CompanyTexas Supreme Court · 1895
- Whitney v. . Black River Insurance CompanyNew York Court of Appeals · 1878
3Cited by106 opinions
- National Union Fire Insurance Co. of Pittsburgh v. Hudson Energy Co.Texas Supreme Court · 1991
- Barnett v. Aetna Life Insurance Co.Texas Supreme Court · 1987
- Red Ball Motor Freight, Inc. v. Employers Mut. Liability Ins. Co. Of WisconsinCourt of Appeals for the Fifth Circuit · 1951
- Hardware Dealers Mutual Insurance Co. v. BerglundTexas Supreme Court · 1965
- State Farm Mutual Automobile Insurance Co. v. Pan American Insurance Co.Texas Supreme Court · 1969
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